Manoj Kumar Tiwari @ Manoj Kumar v. State of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5271 of 2023 Petitioner :- Manoj Kumar Tiwari @ Manoj Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 2 Others Counsel for Petitioner :- Santosh Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. Present petition has been filed for the following main relief:- "I. Issue an order or direction in the appropriate nature, commanding and directing the Opposite Party No. 2 to conclude the proceedings of the pending civil suit no-1208 of 2011, filed for the cancellation of Sale Deed, titled-Smt. Langada Devi vs. Shiva Kant, filed by the late Langada Devi with in the stipulated period of time." Considering the facts as indicated in the present petition as also that the suit, in issue, instituted in the year 2011 is pending as Civil Suit No. 1208 of 2011, though, almost 12 years have elapsed, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, present petition is disposed of with direction to Court/Authority concerned to consider and decide the Civil Suit No. 1208 of 2011 (Smt. Langada Devi vs. Shiva Kant), most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of one year from the next date fixed in the case, if possible and if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid observations, the petition is disposed of. Order Date :- 16.10.2023/Arun/- High Court of Judicature at Allahabad, Lucknow Bench